No ruling yet in suit against Sheriff’s Office in infant’s death

Saturday

Dec 5, 2009 at 1:00 AMDec 5, 2009 at 1:02 AM

Raymond LegendreStaff Writer

THIBODAUX — Closing arguments wrapped up Friday in the civil trial of a Galliano woman suing the Lafourche Sheriff’s Office for damages in connection with the death of her 7-month-old son, but both sides will have to wait two weeks to learn the case’s outcome.District Judge Hugh “Buddy” Larose postponed ruling on the lawsuit until Dec. 21 so he could review transcripts of statements given to State Police by three Lafourche deputies and the infant’s mother, Sandy Bellanger, on May 23, 2007. Bellanger’s son, Typhoon Dodge, was killed in the family’s FEMA trailer during an exchange of gunfire between the boy’s father, Albert Dodge, and a Lafourche sheriff’s deputy more than two years ago.Larose received the transcripts Friday and did not have time to read them, he said.Bellanger claims the deputies’ decision to enter her FEMA trailer on West 136th Street without a warrant to arrest her boyfriend, Albert Dodge, led to her child’s death.Dodge, who was suspected of beating a man with a fire extinguisher earlier in the day, shot deputy Ben Dempster in the upper chest inside the trailer, setting off a shootout that left Dodge and his son dead, police said. Dempster was wearing a protective vest and survived the shooting without serious injuries.State Police investigators were unable to determine whose gun fired the bullet that killed Typhoon.Bellanger is seeking monetary damages for pain and suffering she incurred from her child’s death, pain and suffering her daughter Tsunami incurred from being in the room during the shootout, the loss of Typhoon’s life and false imprisonment by the Sheriff’s Office following the shooting.In his closing arguments, Bellanger’s attorney, David Ardoin, of Thibodaux, told Larose he was sorry Dempster got shot.“But, the bottom line is that doesn’t happen if (the deputies) don’t ignore the law,” Ardoin said. “… Typhoon is dead because of what they did.”Don Harang, the attorney representing the Sheriff’s Office, pinned the baby’s death on the child’s father, who could have surrendered, but instead pointed a gun in Dempster’s face. The crux of the case, Harang said, was the word “reasonable.” The deputies’ actions, given the circumstances, were reasonable because they believed Dodge, who had reportedly used cocaine before knocking a man unconscious hours earlier, was a danger to anyone inside or outside the trailer.By contrast, Dodge’s actions when the deputies arrived at his trailer were unreasonable. He told Bellanger to tell police he was not there, and tried to call his uncle for bail money. “What reason is there for him to take that .357 (magnum revolver) and point it at Ben Dempster and then pull the trigger when Typhoon was right there?” Harang asked.Harang disputed Bellanger’s claims that her daughter was also inside the house at the time of the shooting, pointing to the testimony of Dempster, Prevost and former deputy Jude Cantrelle, who all said the little girl was outside with her mom.Harang also questioned Bellanger’s contention that she was held against her will at the Sheriff’s Office’s Galliano sub-station following the shooting. Bellanger was detained, not arrested, until State Police investigators had an opportunity to interview her, Harang said. Authorities can detain a person for up to 72 hours before they have to bring their case before a magistrate judge.Attorneys for both sides refused comment Friday, but Bellanger’s oldest son from a previous marriage had plenty to say about his mother.R.J. Lee, one of three children Bellanger had with her ex-husband, Robbie Lee Sr., has lived with his grandparents, Katherine and Jerry Walker, since he was 13. Lee’s relationship with his mother soured over the years, he said, due to her struggles with drug and alcohol addiction. Dodge, who began dating his mother in 2005, physically and verbally abused him numerous times, the 19-year-old added.Lee, who is a senior at South Lafourche High School, attended court both days, but was sequestered as a potential witness.Closing arguments were the first time he heard his mother’s basis for the lawsuit.Her story contradicted what she told him after the shooting happened, he said. In her recollection of events days after the shooting, she told her son she knew the gun was loaded and that the baby was inside.“It’s her fault (Typhoon’s) not alive today,” Lee said. He added he had no animosity toward Dempster, “He did nothing wrong. He did what he had to do to preserve his life.”Bellanger would not speak with a reporter outside the courthouse Friday.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.